Memorandum

City of Lawrence

Legal Department

TO:	Toni R. Wheeler, Director of the Legal Department
FROM:	Chad J. Sublet, Staff Attorney
CC:	David L. Corliss, City Manager
DATE:	July 13, 2011
RE:	Ordinance No. 8645 Amendment to the STO – Driving Under the Influence

Please place this item on the City Commission’s Agenda for consideration.

Background

On May 25, 2011, Governor Brownback signed a bill that amended the state traffic act and made significant changes to the provisions relating to driving under the influence of intoxicating liquors or drugs (“DUI”).  The bill became law on July 1, 2011.

On July 1, 2011, The Kansas Attorney General sent out a memorandum stating their belief that the Kansas League of Municipalities would be publishing the Standard Traffic Offense (STO) code the following week or the week thereafter.  On July 8, 2011, the City of Lawrence legal department, contacted the Kansas League of Municipalities and were informed they were unsure when the STO would be published.

Because the bill amends the minimum requirements for the DUI offenses, the City cannot prosecute DUIs after July 1, 2011, unless the City updates the existing STO.  The proposed ordinance would bring the STO, as it relates to DUI’s, into compliance with the current state law.

Discussion

The bill is 54 pages in length and contains many changes to the administrative and criminal penalties related to DUIs.  Ordinance No. 8645 changes Sections 30, 30.1 and 30.2 of the STO, as follows:

· Increases the minimum fine for all DUI offenses by $250.  The minimum fines will be as follows: $750 for first offenses; $1,250 for second offenses; and $1,750 for third offenses.   

· Decreases the time frame in which the court “looks back” for prior convictions for sentencing purposes.  Under the former law, any conviction during a person’s lifetime counted toward the number of convictions.  Now, the court can only look back to convictions that have occurred since July 1, 2001.  However, the court will conduct a “lifetime look back” for DUI offenses involving defendants with commercial driver’s licenses (“CDLs”).

· The court can impose house arrest and work release for required periods of imprisonment, after the defendant has served 48 hours in jail.

· Municipal Court can prosecute third offense DUIs in certain circumstances.  Previously, all third offense DUIs were felonies that were prosecuted in the Douglas County District Court.  The new law makes it clear that municipal courts cannot have concurrent jurisdiction over offenses that are otherwise felonies.

· Increases the period of time, following operation of a motor vehicle, from two hours to three hours that a breath test may be used to establish a DUI offense.

· Amends provisions relating to preliminary breath tests, allowing for saliva samples.

As stated above, the amendments to the STO must be made in order for the City to continue to prosecute DUIs.  If the City does not change its ordinance the City will not be able to prosecute DUIs and collect the revenues from those prosecutions until the changes are made.  The 2011 STO, which has historically been published and adopted in late summer/early fall, will be updated to reflect the new DUI laws.  When the 2011 STO is adopted, all prior STO ordinances, including the attached ordinance, will be repealed.

Action requested:     Adopt on first reading, Ordinance No. 8645, relating to Driving Under the Influence.